.
Rollin Prats advises in relation to public and private contracts, during both the award procedure and performance phases, acting for companies and public bodies, in litigation and non-litigation matters, in particular in the areas of transport, construction and public works, defence, healthcare and education.
AWARD PROCEDURE
Rollin Prats advises economic operators in the context of invitations to tender for public procurement and concession contracts. The Firm helps clients submit competitive bids and applications and negotiate successfully with the awarding authorities.
We also advise contract-awarding authorities and entities on the formation of their contracts. We assist purchasers with the choice of contract and process for an invitation to tender, with the drafting of the rules governing the tender and with the drafting of the full range of contractual documents (detailed technical or administrative specifications, concession contract, etc.). We work alongside purchasers throughout the entire tendering process, up to the analysis of the bids filed by candidates and the awarding of the contract.
PERFORMANCE
Rollin Prats supports economic operators and contract-awarding authorities and bodies with the monitoring of the performance of their contracts.
We advise on subjects such as the negotiation of amendments, the application or challenging of default penalties, the drafting of claim briefs and the analysis of claims by companies.
We assist parties in the context of the expiry at term or early termination of the contract (division of assets, transfer of personnel, compensation).
LITIGATION
Rollin Prats represents economic operators and purchasers in all pre-trial and litigation proceedings relating both to the award procedure and to the performance of contracts (pre-contractual summary proceedings, contractual summary proceedings, so-called “Tarn-et-Garonne” appeals challenging the validity of the contract, interim procedures for suspension, appraisal measures, preventive measures, action for damages, challenges to enforcement orders) before the administrative and ordinary courts.
We represent our clients during appraisal procedures, provide assistance during negotiations and draw up or revise settlement agreements.
Rollin Prats advises economic operators in the energy and environment sectors and supports them with the implementation of their projects.
We have developed particular expertise in the mining sector, advising prospecting and operating companies on the process for obtaining mining permits, authorisations for mining work and declarations of work. We appear in court in disputes linked to the granting of environmental authorisations.
We also advise the operators of installations classified for the protection of the environment (“ICPE”) and represent them in litigation, at all stages of their projects, from the granting of operating permits to the decommissioning of sites.
Rollin Prats advises clients in the areas of real estate, construction, planning and development and represents them before France’s ordinary and administrative courts.
Our client base consists of businesses active in these sectors, associations and other private and public entities, as well as private individuals.
PLANNING PERMITS
Rollin Prats advises its clients on the obtaining or challenging of building permits and all other planning permits. Before permits are issued, our work can consist of examining the rules and procedures applicable and carrying out due diligence on an application file in order to ensure its compliance. Conversely, our work can also be aimed at challenging permits issued to third parties either on an amicable basis or before the courts. We also appear in court to represent our clients in the capacity of claimant or respondent, as well as during negotiations.
REAL ESTATE
We act for our clients on all areas of real estate law, both civil and public. We advise them on the drafting and negotiation of civil and commercial lease agreements, leases in perpetuity (administrative or other), agreements for the occupancy or sub-occupancy of land in the public domain, etc. We also provide advice on sale transactions and represent our clients in sales at auction (known as “timed” or “burning candle” sales).
We also advise co-owners and property management companies.
CONSTRUCTION
Construction projects can often lead to litigation, in particular between project managers and contractors, between different contractors, with neighbours and with insurers. We advise our clients, in particular, construction companies, during pre-trial phases (claims, formal notice, negotiations) and during litigation, whether they have potential liability or are seeking to obtain payment of amounts owed by clients, other contractors or insurers. We also represent our clients during appraisals, whether prior to the start of a dispute (interlocutory expertise procedures) or subsequently (liability claims).
Rollin Prats advises associations and foundations and, more generally, all kinds of non-profit organisations (including endowment funds, business foundations, local associations in the Alsace-Moselle region, religious associations, political parties and public interest groups), at the moment of their creation, during their lifetimes and even at the moment of their dissolution.
At the creation stage, we help the founders define their objectives, choose the most appropriate legal form and determine the rules of governance applicable to the future entity. Certain matters include tax aspects (such as whether the activities carried out are subject to business tax or eligible for classification as philanthropy).
During the course of their existence, Rollin Prats helps bodies carry out their activities, assists them in their relations with third parties, in the interpretation and modification of their articles of association, and even in the drafting of significant deliberations or with the holding of decisive meetings, in particular where disputes have arisen, or even in the context of litigation.
Rollin Prats drafts articles of association, rules of procedure and any other legal document useful for the functioning of the entity (for example, agreements, deliberations, legal notices for publication on websites), then carries out the declarations and filing formalities required.
The credentials of Rollin Prats’ lawyers in these areas include: advising on the merger and carve-out of associations in the healthcare sector including the transfer of public and private sector personnel, advising an institution on the creation of associations of volunteers, the creation of a company foundation active in the social housing sector, the modification of the articles of association of entities active in the education, social action and healthcare sectors, providing support with the management of salaried employees and volunteers, obtaining the right to carry out fundraising activities involving the general public (via an appeal to the local authorities), carrying out an analysis of the rules applicable to donations as well as negotiations with the Agence pour l'enseignement français à l'étranger (AEFE) on behalf of various French high schools located in different countries.
Rollin Prats’ lawyers have substantial expertise in relation to healthcare and to social and medico-social action, based on their track record of advising private and public clients.
In relation to healthcare regulations, the firm’s credentials include expertise in the rules applicable to the creation and running of different entities dedicated to public health, social and medico-social activities (France's SELAS, SELARL and SCP structures, nominal partnerships, de facto companies, healthcare cooperatives known as “GCS”, social and medico-social cooperatives known as “GCSMS”, foundations for scientific cooperation known as “FCS”), public interest groups), rules of ethics and codes of conduct (independence of the medical profession, prohibition on collusion) and rules relating to price fixing (ban on the splitting of fees).
The opening of establishments or services providing public health, social or medico-social services is as a general rule subject to having obtained administrative authorisations (care homes (EHPAD), follow-up and rehabilitation care, authorisations for the operation of heavy machinery, authorisations for the operation of in-house pharmacies), so support is often useful to verify the existence and continued validity of the authorisations required, as well as for the compilation of applications for renewals.
Rollin Prats supports stakeholders in the healthcare sector in the preparation of funding applications (in particular, in the context of France’s Future Investment (Programmes d'Investissements d'Avenir also known as PIA), advises medical research consortia, organises combinations between entities, advises public entities on decisions relating to the suspension or withdrawal of approvals and suggests methods for the reorganisation of activities.
Rollin Prats provides general assistance to local authorities (Government, territorial authorities and public establishments) in the conduct of their activities and their institutional questions.
These institutional questions are varied: the holding of meetings of the decision-making bodies, elections and appointments of members of the executives bodies, causes and consequences of withdrawal from office, ineligibility, regime governing cabinet staff, prerogatives of France’s High Authority for Transparency in Public Life (Haute autorité pour la transparence de la vie publique), jurisdiction, pre-electoral reserved period, relations with associations, rules governing communication, conflicts of interest, public accounts or enforceable revenue certificates.
In the performance of their duties, local authorities are bound by the main principles of public service, the applicable sector-specific regulations, as well as the rules specific to local authorities. Rollin Prats enjoys extremely substantial experience in these areas.
We advise and act for elected representatives and electoral candidates, as claimant and respondent, in disputes relating to elections and claims concerning defamation, libel or slander, and campaign financing.
We also advise and represent local elected representatives on measures aimed at obtaining recognition for their right to express their opinions in local authority publications (in particular, on the Internet), their right to information and to the disclosure of documents, as well as in the measures (administrative and before the ordinary and criminal courts) aimed at re-establishing the legality of local action.
Rollin Prats advises on the law applicable to France’s civil service, acting on behalf of local authorities and public bodies, as well as individual civil servants, contractual agents, consular officials and elected representatives.
We advise our clients and represent them in court on all matters related to the conditions applicable to the employment of civil servants such as, by way of an illustration, the hiring of contractual agents, transfers carried out in the interest of the department, the investigation of applications for protection in the line of duty, the consequences in terms of compensation linked to accidents while on duty, the detailed methods for the exercise of trade union rights, dismissal or early termination of a secondment.
We advise public entities, semi-public companies and associations on restructuring operations leading to transfers of personnel between public and private entities.
